Act One By Runway

"All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide settlement of claims."

" We may change the subscription terms or subscription fees at any time on a going forward basis in our discretion. We may choose in our sole discretion to add, modify, or remove benefits and features from the Services. Your continued use of the Services after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward."

" From time to time, we may offer trial, discounted, or other promotional subscription fees. Such trial or promotional memberships are subject to the terms of this Section 8.4 except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Only one trial or promotional membership is available per user and may not be combined with any other promotion, except as otherwise stated in the promotional offer. If your subscription is ever cancelled or terminated for any reason, and you purchase an additional subscription, you may not be eligible to take advantage of another promotional rate offer. If your subscription includes a discount or promotional rate, you will be charged the promotional rate for the relevant number of subscription periods, and upon completion of the promotional period, your subscription will continue to automatically renew at the then-current subscription fee. To cancel and avoid being charged the full rate, you must notify us before the discount or promotional period ends. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering."

" 11.2 Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100 US DOLLARS; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) A COMPANY PARTY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE."

" The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” if your sensitive personal information is used for certain purposes. The sensitive personal information we may have collected in the preceding twelve months are (1) account login and password or other credentials allowing access to your account; and (2) “biometric information” (as defined by the CCPA, though we do not use such data to establish individual identity). Please note that we do not use or disclose sensitive personal information other than for purposes for which you cannot opt out under the CCPA (e.g., to enable you to log into your account, to provide the Service)."

" Please note that certain information may be exempt from such requests under applicable law. For example, we may retain certain information for legal compliance and to secure the Service. We may need certain information to provide the Service to you; if you ask us to delete it, you may no longer be able to use the Service."

" 11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; (ii) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) A COMPANY PARTY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE."

" 8.5 Refunds. Except as stated in these Terms of Use or as required by applicable law, all fees for the Services are non-refundable, and if you cancel your subscription, you are not entitled to receive any refund or credits for the time remaining in your subscription period. In our discretion, we may provide a refund upon request. Visit our Help Center for instructions."

" If your organization would like to use, or has signed up for, Runway Enterprise Services, check out the Runway Enterprise Services Terms , which govern the use of Runway Enterprise Services. "

" You may cancel or change your subscription by logging into your Account and going to the “Plans & Billing” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be entitled to receive a prorated refund of any portion of the subscription fee paid for the then-current subscription period unless otherwise stated in these Terms of Use or required by applicable law. If you downgrade to a lower subscription tier, you will continue to have access to your then-current higher tier until the end of your then-current subscription term."

" 7.3 No Guarantees; No Endorsement . The Services may enable you to Make Available Your Content, including, without limitation, games and interactive media experiences, to other users. If you Make Available Your Content, Company makes no guarantees or representations or warranties that other users will use Your Content. Your Content and User Content are made available by Company on the Services without any representation, warranty, guarantee, or endorsement."

" While we do not “sell” personal information in the traditional sense, our disclosure of personal information to third-party advertising and analytics partners as described in the section titled “When we disclose the information we collect about you” above may be considered a “sale” subject to these opt-out rights. You can opt out of such disclosures by clicking the “Your Privacy Choices” link on our website footer, or designate an authorized agent to do so on your behalf."

" Business transferees. We may disclose information about you in the context of actual or prospective business transactions ( e.g., investments in Runway, financing of Runway, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to disclose certain information about you to prospective counterparties and their advisers. We may also disclose information about you to an acquirer, successor, or assignee of Runway as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which information about you is transferred to one or more unaffiliated parties as one of our business assets."

" We may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device. We may use or disclose this aggregated or de-identified information in our discretion."

" 18.9 Terms Updates. We may make changes to the Terms of Use from time to time, and if we do, we will notify you by revising the date at the top of the Terms of Use. In some cases, we will provide you with additional notice as required by law. For example, we will not make changes that have the effect of imposing additional fees or charges without providing additional notice. Any such changes will not apply to any dispute between us arising prior to the date on which we posted the revised Terms of Use incorporating such changes, or when the Terms of Use otherwise become effective. Please review the Terms of Use regularly. Unless otherwise noted, the amended Terms of Use will be effective immediately, and your continued use of our Services confirms your acceptance of the changes. If you do not agree to the amended Terms of Use, you must stop using our Services."

" comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;"

" Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com ."

" We may combine information that we collect from you through the Service with information that we obtain from others and information derived from other products or services we provide."